got myself muddled claiming from abbey!***WON***

[rendall]

HI - can anyone just get me back on track with this whole claimimg thing.

 

Wrote to Abbey last December asking for £4700 in charges to be returned. Given gesture of goodwill 8th Jan of £958 which is not on as they then took £330 in "pending charges" that I know nothing about. Final amount credited £628 to my bank without me saying yes or no to it.

 

I have not submitted my claim to a small claims court as I thought abbey may just do the right thing and offer something sensible ( more fool me!)

 

The enclosed leaflet that came with the goodwill letter from Abbey says if I am not happy to respond within 8 weeks. Do I accept the measily amount given as part payment but say no to this a a final offer or do I just go straight to the small claims court with my N1 form. If so do i need

to put on the amount abbey has given as a goodwill gesture somewhere?

Any help just to het me back on track would be gratefully received

Thanks Rendall

[sam78]

Hi,

 

I would go to small claims with your N1 but i think you would need to deduct the amount you have received as goodwill. I would write to abbey to advise that you are going to court for the remainder and that you accept the goodwill gesture as partial payment without prejudice.

 

Out of interest, how long did it take before you received the goodwill offer?

[covey]

hi,

i'd start the claim and put the goodwill gesture as a credit at the end of your list of charges as a refund of miscellaneous charges etc.

 

good luck

Adam

[Armsoft]

HI - can anyone just get me back on track with this whole claimimg thing.

 

Wrote to Abbey last December asking for £4700 in charges to be returned. Given gesture of goodwill 8th Jan of £958 which is not on as they then took £330 in "pending charges" that I know nothing about. Final amount credited £628 to my bank without me saying yes or no to it.

 

I have not submitted my claim to a small claims court as I thought abbey may just do the right thing and offer something sensible ( more fool me!)

 

The enclosed leaflet that came with the goodwill letter from Abbey says if I am not happy to respond within 8 weeks. Do I accept the measily amount given as part payment but say no to this a a final offer or do I just go straight to the small claims court with my N1 form. If so do i need

to put on the amount abbey has given as a goodwill gesture somewhere?

Any help just to het me back on track would be gratefully received

Thanks Rendall

 

Rendall,

Use one of the Template Letters from the library on the site to reject their GOGW payment, saying you are prepared only to accept this as part settlement and that if they do not refund you the total charges outstanding (including the extra £330 they charged you) within 14 days, that you will be taking court action against them.

 

If they still don`t settle (and I doubt that they will) then complete your N1 or file online at MCOL and send in a new summary of charges either to include the credit (if they don`t reverse it on receipt of your letter) and the additional charges, and this will be the amount of your total claim (don`t forget to include the interest amount)

Hope this is of help:)

[rendall]

Hi there

 

Thanks you for all you help - im now back on track and have written to Abbey rejecting offer as full settlement but accepting amount credited into my bank as partial payemnt.

 

It took 16 days from writing to them originally to them making an offer. They did say it can take up to 8 weeks but they have a specialist team dealing soley with claims and they are getting them done in under 21 days. with the rubbish amount offered it's no suprise they are so quick!!

 

There are some very friendly people at Abbey complaints who are really quite understanding and actually said to me "i don't blame you for what you are doing" ( hope this call want recorded for training puropses !- poor lad will be in right bother!) other staff treat it like I am claimimg off them personally.

If I can get some names and direct lines of nice people I will post them onto the site for others.

[rendall]

n1 form submitted today.

[Armsoft]

n1 form submitted today.

 

Nearly there now rendall, they will acknowledge and say they intend to defend.

 

You will need to complete an Allocations Questionaire (the court will send you it) use the template in Library to help.

 

You will get an order from the Judge with your court date stating that you need to file your court bundle with the court and the bank no later than 14 days before court date.

 

Start getting your bundle together, use the Template in the Library to help, don`t leave it till the last minute (mine was 112 pages:o ) and you have to produce 3 copies.

If I were you I`d send Abbey the bundle 4 weeks before your court date (you`ll proberbly find that settlement will happen a lot sooner if you do this)

 

Best of luck, keep asking questions

[rendall]

Ok - got letter from court saying Abbey intend to defend case. Claiming about £3k off them but dont have all my statements as my original claim was partly estaimetd which Abbey would do well out of as if I had all my statement it would be so much more. Will I need to produce 6 yr of statements to go to court or can I still rely on my estimations as if abbey want to defend it would show that they owe me a lot more.

[Armsoft]

Ok - got letter from court saying Abbey intend to defend case. Claiming about £3k off them but dont have all my statements as my original claim was partly estaimetd which Abbey would do well out of as if I had all my statement it would be so much more. Will I need to produce 6 yr of statements to go to court or can I still rely on my estimations as if abbey want to defend it would show that they owe me a lot more.

 

Rendall,

Did you serve Abbey with a 40 day Subject Access Request?

 

If you did, then you need to make an adjustment on your POC (Particulars of Claim) to include "Failure to Comply With Statatory Notice of Subject Access Request", its important that you do this for two reasons -

Firstly, it will give Abbeys legal team something else to try and defend

Secondly, when the legal team receive the notification of the POC change from the court, you will get the rest of your statements, thus allowing you to make a further change to your POC with the increase in charges you are claiming.

 

If you did not send Abbey the notice, do so now (Template in Library)

It is unlikely (Very Unlikely) that you will get a court date within the next 40 days, so when you receive the rest of the statements you can make the POC change as outlined above.

 

Hope this helps

[sparkydawg]

Did you request your 6 yrs statements from them initially?????

[bp]

hi, do abbey know that part of your claim is estimated? Did you mention this in your N1 form? i had the same prob with Abbey, they finally gave me the rest of my info 5 months later at AQ stage i had to complete an N244 form at AQ stage. if you did mention this earlier, then i think you can amend at no further cost otherwise, you'll have to pay £35 in order to change the amount.

 

as i said i had the same prob so when completing the N244 form i stated that the defendant had been aware that part of the claim was estimated but had failed to provide me the info under the DPA i included the letters i had sent to abbey requesting my info and 5 days after they are queried my N244 request, they consented to the change.

[rendall]

HI - i did not request my statement initailly as I have about 30 statements ut of 48 for 4 yrs and then estaimated an average for the missng ones . It would be in abbeys favour to settle now as armed with all my statements they would owe me so much more! Abbey will know some of the claim is estimated as I originally wrote stating what I knew they owed me and based on the average charges per month worked out the rest. I will request my statements straight away with a 40 day subject request. letter. thought i was doing so well - but looks like i may have messed up!!

[rendall]

i see where i may have got muddled. I originally wrote to abbey 13.12.06 stating that I have some of my statement for the last 6 yrs. The one I have show charges of £3162. I have then stated that I have therefore estaimated the charges for the whole period of 6 yrs there was charges of at least 4090.00 applied to my account. Quote" if uyou diagree with this amount please supplly me with a copy of all the charges applied to my account dating back 6 yrs within 7 days. "

 

Is this a satisfactory request for information or should I still send the 40 day letter and pay £10 too? as they just responded by offering a gogw but not disagreeing with me.

 

The thing is if I were to get all my statements Im sure charge would be at least 8k taking it well over small claims court max amount. I would be happy with 3-4k at present!

 

Sorry to be a pest - if ive messed up Im totally at fault for misunderstanding you guidance notes but please just pop me back on the right track.

 

Rendall

[rendall]

i see where i may have got muddled. I originally wrote to abbey 13.12.06 stating that I have some of my statement for the last 6 yrs. The one I have show charges of £3162. I have then stated that I have therefore estaimated the charges for the whole period of 6 yrs there was charges of at least 4090.00 applied to my account. Quote" if uyou diagree with this amount please supplly me with a copy of all the charges applied to my account dating back 6 yrs within 7 days. "

 

Is this a satisfactory request for information or should I still send the 40 day letter and pay £10 too? as they just responded by offering a gogw but not disagreeing with me.

 

The thing is if I were to get all my statements Im sure charge would be at least 8k taking it well over small claims court max amount. I would be happy with 3-4k at present!

 

Sorry to be a pest - if ive messed up Im totally at fault for misunderstanding you guidance notes but please just pop me back on the right track.

 

Rendall

[rendall]

I didnt as I had told them to supply me with statements if they disagreed with my original letter claiming part £3k in definate charges and £1090 in estimated charges. The offered me a gogw but did not mention disagreeing withthe amount nor did they supply me with statements.

[Armsoft]

i see where i may have got muddled. I originally wrote to abbey 13.12.06 stating that I have some of my statement for the last 6 yrs. The one I have show charges of £3162. I have then stated that I have therefore estaimated the charges for the whole period of 6 yrs there was charges of at least 4090.00 applied to my account. Quote" if uyou diagree with this amount please supplly me with a copy of all the charges applied to my account dating back 6 yrs within 7 days. "

 

Is this a satisfactory request for information or should I still send the 40 day letter and pay £10 too? as they just responded by offering a gogw but not disagreeing with me.

 

The thing is if I were to get all my statements Im sure charge would be at least 8k taking it well over small claims court max amount. I would be happy with 3-4k at present!

 

Sorry to be a pest - if ive messed up Im totally at fault for misunderstanding you guidance notes but please just pop me back on the right track.

 

Rendall

 

Rendall,

I would send the SAR with the £10 so that you at least know the total size of your potential claim, you may find that you have over estimated the extra and it might come in just below the £5k threshold for small claims.

Even if it`s over the £5k threshold, say at £8k or £9k, you could at that point talk to the court about amending your claim in light of Abbey supplying you with upto date information, you could then let the district judge decide if it needs to come out of Small Claims, that way would be a lot less messier than trying to go back for a second stab at it at a later date.

Even if it gets taken out of Small Claims, you`ll still get Full Settlement from Abbey, they still won`t enter court to defend their charges.

 

As a further alternative, once you have the additional statements, you could phone James Arrandale at the Abbey and talk to him about applying to the court fr a change to your POC in light of Abbey having now provided you with your statements, he just might be in the mood to make a deal with you that`s above what your current claim is for:eek:

 

In those emortal words "You Decide":)

[Armsoft]

Rendall,

I would send the SAR with the £10 so that you at least know the total size of your potential claim, you may find that you have over estimated the extra and it might come in just below the £5k threshold for small claims.

Even if it`s over the £5k threshold, say at £8k or £9k, you could at that point talk to the court about amending your claim in light of Abbey supplying you with upto date information, you could then let the district judge decide if it needs to come out of Small Claims, that way would be a lot less messier than trying to go back for a second stab at it at a later date.

Even if it gets taken out of Small Claims, you`ll still get Full Settlement from Abbey, they still won`t enter court to defend their charges.

 

As a further alternative, once you have the additional statements, you could phone James Arrandale at the Abbey and talk to him about applying to the court fr a change to your POC in light of Abbey having now provided you with your statements, he just might be in the mood to make a deal with you that`s above what your current claim is for:eek:

 

In those emortal words "You Decide":)

 

Also, a SAR requires compliance from Abbey, they have a legal responsibility to comply.

It just adds more `meat` to your case

[rendall]

thanks you very much - do you have James Arrandales number?

[Armsoft]

thanks you very much - do you have James Arrandales number?

 

You can get James on 0207 756 4398 or 0207 756 4306

 

If it goes into Voicemail do Not leave a message as he will not call you back, you need to talk to him personally.

 

Hope this is of help

[rendall]

Thank you.

I will request all my info from abbey first and keep James as a back up. Should i inform the court now that I am waiting for abbey to provide me with up to date info as they have decided to defend? or do I just hope the hearing is over 40 days away.?

 

Rendall

[Lula]

Hi, no, you dont need to inform at this stage, it is enough that you have served the SAR on Abbey, make sure you keep a copy and proof of posting and see what happens

[rendall]

Ok - requested statements formally by recorded delivery. Got a copy of Abbeys defense saying they woudl use the way I have conducted my account as evidence against me etc. which i think is this a fairly standard procedure/reply from looking at others postings.

 

Should I start getting court bundle or do i wait until court has sent me AQ through?

Just dont want to run out of of time getting things copied etc - I work full time and also have a very lively 3 yr old.

[Armsoft]

Ok - requested statements formally by recorded delivery. Got a copy of Abbeys defense saying they woudl use the way I have conducted my account as evidence against me etc. which i think is this a fairly standard procedure/reply from looking at others postings.

 

Should I start getting court bundle or do i wait until court has sent me AQ through?

Just dont want to run out of of time getting things copied etc - I work full time and also have a very lively 3 yr old.

 

Rendall,

I found that the Court Bundle speeded things up for me as I got settlement from Abbey more than a month before my court date, I believe that was because they received my court bundle 6 weeks before the court date rather than just 14 days before. I think receipt of Court Bundle focuses their minds a bit.

If I was you I would start preparing the bundle now, then after you receive your AQ from the court and then the Court Date Notification, give it a week or two then send a copy of your Bundle to Abbey (Don`t send to the court that early though), give them a week to receive it and digest it, then give James Arrandale a call and say that "as he is in receipt of your court bundle, would he like to discuss settlement"

 

Hope this is of help

[rendall]

Thank you.

[rendall]

I have downloaded the court bundle pack which is a great help - but i am unable to open links for OFT report and Early day motion for House of Parliament - can any one supply me with a link to copy an paste onto web search bar. I have tried to find these two reports on google and am overwhelmed with the number of matches it brought up! Thanks Rendall